State v. Hieber

Supreme Court of Florida
State v. Hieber, 553 So. 2d 704 (Fla. 1989)
15 Fla. L. Weekly Supp. 2; 1989 Fla. LEXIS 1248; 1989 WL 156441
Barkett, Ehrlich, Grimes, Kogan, McDonald, Overton, Shaw

State v. Hieber

Opinion of the Court

McDONALD, Justice.

We have for review State v. Hieber, 541 So.2d 1208 (Fla. 2d DCA 1988), in which the district court certified conflict with State v. Williams, 463 So.2d 525 (Fla. 3d DCA 1985).* In Hieber the court dismissed the state’s appeal of Hieber's downward departure sentence because the state’s notice of appeal was untimely. We recently disapproved Williams and held that the state’s notice of appeal is untimely if not filed within fifteen days of pronouncement of sentence. Fox v. District Court of Appeal, Fourth District, 553 So.2d 161 (Fla. 1989). We therefore approve Hieber.

It is so ordered.

EHRLICH, C.J., and OVERTON, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.

We have jurisdiction pursuant to art. V, § 3(b)(4), Fla. Const.

Reference

Full Case Name
STATE of Florida v. Jeffrey C. HIEBER
Cited By
1 case
Status
Published